Today marks the launch of Brentwood Borough Council's public consultation on its latest Draft Local Development Plan. It will run simultaneously with the Basildon Local Plan consultation. Brentwood are concentrating a large proportion of their housing and enterprise areas into the small part of their borough south of the A127 bordering with the adjacent boroughs of Basildon, Thurrock and Havering. This is going to have a huge impact on infrastructure throughout these boroughs, especially on the roads. It is vital that people from all around Basildon respond to Brentwood's consultation as well as Basildon's. We need to have our say along side the people of Brentwood most of whom will actually be less impacted by the proposed developments.
To respond you can use the online portal at http://www.brentwood.gov.uk/localplan or send your comments by email to planning@brentwood.
gov.uk or by post to
Brentwood Borough Council,
Essex CM15 8AY
If you sent comments last year to the Dunton Garden Suburb consultation we urge you to copy your comment from there and submit it again to this new consultation. Brentwood are continuing with their plan to build 2500 homes on the same land in a development they are now calling "Dunton Hills Garden Village". It is particularly worrying that Brentwood Council intend to take care of all their traveller and gypsy obligations by creating a huge new permanent traveller site in this area with an initial size of twenty pitches. This could have an impact on neighbouring residents including those in Basildon and Thurrock.
This consultation will last only eight week ending on 23rd March. After that the council will prepare its final version of the plan for submission to the government's planning inspectorate. We will then get one more chance to have our say in representation to the planning inspectors. They will be interested to hear about any valid points we have made at this point that Brentwood Council dont take into account, so even if Brentwood don't listen to us now, the planning inspectorate may take notice later. This makes it essential to get the right comments into the consultation now.
The significance of this consultation has been raised by the news that one of the options for the route of a motorway north of the proposed lower Thames crossing takes it through the area of Brentwood where they plan to build most of their housing and a new enterprise park which will eventually link the urban areas in Havering with those in Basildon.
In what may be seen as the UKs most brazen act of NIMBYism, Brentwood council have refused to build on a proportionate quantity of land around their main town and plan to build about half their need onto another borough's town instead. Only About 1200 homes will be built on green-belt in extensions of the urban area of the town of Brentwood and along the A12 corridor. Compare that with Billericay where 1740 homes are proposed on green belt or Wickford which faces 3300 new homes of which 2100 are to be built on its green belt. Brentwood is 60% bigger than Wickford and the population along the A12 corridor from Brentwood to Ingatestone is as much as Billericay and Wickford combined.
To put it another way, The A12 corridor is home to about 80% of the Borough of Brentwood's population, while roughly 10% live in villages to the North and another 10% live along the A127 corridor. However, the local plan's preferred option is for only 45% of new homes to be built along the A12 corridor, none at all in the North and 55% along the A127, including 2500 added to the East of Basildon which is already taking a hefty 8500 new homes in its own plan to cater for its need.
Despite the 15 year time scale, half of the homes planned for Brentwood Town's green belt are likely to be constructed in the next few years on Officer's Meadow East of Shenfield Station where a planning application is already pending. A scattering of other infill sites along the corridor will add more homes for a total around 2500. There are no new developments at all around the villages in the North of the Borough. The rest of Brentwood's unmet housing need will be built four miles to the south on the other side of the A127. If the preliminary plan is approved there will be 500 new homes in West Horndon and 2500 in Dunton Hills at the far corner of the Borough of Brentwood adjoining the town of Basildon. This is in Brentwood's half of the proposed new Dunton Garden Suburb development which has now been renamed Dunton Hills Garden Village so that it can be planned independently of Basildon Borough Council.
This sounds like the perfect solution for residents of Brentwood who want to keep new housing at bay, no wonder they are keeping quiet, but it's not going to be that simple. The government are on a mission to build as many homes in the country as they can. England's countryside and rural villages are no barrier to their ambition. They are placing immense pressure on planning authorities such as Brentwood Council to have a new Local Plan approved by March 2017. New measures guarantee that if that does not happen the consequences will be dire. To put it in a nutshell, by concentrating their building program along their Southern border, Brentwood is leaving itself open to the government stepping in to exploit the Northern half. To avoid this Brentwood council must act quickly because they are probably the last council in England to begin consultations (regulation 18) on a Local Plan compliant with planning policy introduced in 2011. Once it is prepared the plan will need to be examined and found to be sound by the government's planning inspectorate. If it fails the test there will be insufficient time to fix it.
Beyond the deadline for Local Plans the government may look at locations around the fringes of London for sites to build new garden cities. Legislation is already being introduced to allow the government to force development around underused commuter hubs such as Brentwood. The government has invested billions in Crossrail out to Shenfield and has earmarked £1.6 billion over the next five years for improvements to the A12 including widening all the way from the M25 through Brentwood to Chelmsford. In contrast Essex Council is struggling to find a few million just to improve junctions on the A127 which already faces the extra traffic of 30,000 homes to be built in Basildon and further East. It does not take much imagination to see how the planning inspectorate will view the tardiness and NIMBYism of Brentwood, nor to think of some of the likely things they will do about it, but just in case here it is spelt out in more detail, but first an important point of clarification:
The message here is NOT that Brentwood should build more houses around its town. The message is that if Brentwood Brough Council don't want to build more houses along the A12 near their centres of population due to constraints from green belt and infrastructure, then they should not compensate by building homes along the A127 near neighbouring towns where the same constraints are even stronger.
Ten reasons why the Brentwood Draft Local Plan is unsound
Brentwood council can glibly answer public objections with condescending responses, until the time their Local Plan is submitted for examination by the Planning Inspectorate. From that day they will have to convince the assigned planning inspector of the soundness of their plan. Campaigning residents and other organisations will stop petitioning the council directly, and will make their case with representations to the inspector instead. The Inspectorate will test the plan against a wide set of criteria to determine its soundness . It will need to be consistent with the National Planning Policy Framework . It will have to be flexible and meet its objectives. The inspector will insist on robust evidence to justify each point. If the plan is found to be unsound they may ask for quick changes but if the problems are too many or too serious the examination process will be stopped and the plan will be sent back for revisions. This may require new evidence to be prepared and new consultations to be held. Needless to say, Brentwood has not left any time to allow for that process. The consequences that will follow mean that failure is not really an option, but unfortunately as the local plan now stands, failure is almost a certainty. Here are the top ten reasons why.
1. Meeting Local Needs
A Local Plan needs to meet the economic and social needs of its local residents and businesses. Brentwood's plan has a sufficient number of houses but they are not in the right place. It may meet the wishes of house owners in most areas by avoiding new developments near where they live, but it does not meet the needs of younger workers looking for their first home. House prices in Brentwood are some of the highest in Essex outside the M25. Key workers in the borough need affordable housing and they need it near to Brentwood, not Basildon. If a nurse or teacher lives next to Basildon they will look first for work there, not in Brentwood. If they do work in Brentwood they will have to travel by car or bus along the already congested A128 through Ingrave and Herongate making their punctuality unreliable.
West Horndon and Dunton Hills may be part of the Borough of Brentwood but they are as far away from its heart as you can get. Other boroughs such as Basildon have ensured that urban extensions are spread evenly around the edges of their built-up areas. Brentwood has added its largest urban extension onto Basildon leaving Brentwood with only a fraction of the housing it needs. This is a glaring flaw in the Brentwood Local Plan and it will be the first thing the Planning Inspectorate notices.
2. Sustainability and Infrastructure
It is a central tenet of national planning policy that all development must be sustainable. Planning authorities must show that they have funding sources for roads, schools and health services in place for the next five years of development and a realistic plan for infrastructure improvements after that. If Brentwood were to build primarily along the A12 corridor they would have no difficulty fulfilling this condition. Crossrail is increasing rail capacity for commuters from Brentwood into London. It will carry travellers on shorter journeys alleviating the load on the existing lines, allowing more express trains to be scheduled. No corresponding investment has been made for the c2c line passing through Basildon which is just a two track line compared to Brentwood's four track rail system.
Although the A12 is already an overburdened route it is in a much better state than the A127 where Brentwood wishes to put its houses. A fund of £1.6 billion has been included in the Road Infrastructure Strategy 2015-2020 to widen the A12 through Brentwood bringing it to near motorway standards. In contrast the A127 only has a few million in funding presently available for junction upgrades nearer Southend. Continuing austerity and the difficulty of widening through Basildon mean that this situation is unlikely to change any time soon.
Brentwood is also better provided with secondary schools and health services than Basildon. Two new free schools (Ongar Academy and Becket Keys) add to the existing wide choice of schools available to pupils of North Brentwood. In Langdon Hills in the West of Basildon near where Brentwood wishes to build more houses, 85% of secondary school aged children travel long distances to more than 20 different secondary schools outside Basildon including those in Brentwood.
There is a spurious argument put forward by proponents of large projects such as Dunton Garden Suburb that infrastructure issues can be dealt with by concentrating development in one area. This claim is not backed by any evidence-based reasoning. In these times of continuing austerity there is no new funding for infrastructure such as rail and road. Any new housing must be built in areas where funding is already allocated or where there is existing spare capacity. Money that can be raised from the developers by using the Community Infrastructure Levy is severely limited. The government's starter home scheme which offers a 20% discount to first time buyers on new built homes will be funded by excusing developers from paying the levy. What is left, if anything, will not even pay for the necessary new health centres and primary schools. Funding needed for new or extended secondary schools, hospitals, roads and flood management is orders of magnitude greater than what can be paid for in this way. Do not believe the spin saying that Local Enterprise Partnerships or devolution or anything else can somehow magically make the resources appear from nowhere. It simply is not true. Where some money is available in these ways it is always woefully inadequate.
3. Green Belt Protection
National planning policy affords strong protection for the green belt but allows planning authorities to review green belt boundaries in exceptional circumstances. Economic growth is one of the justifications that could be used to allow such a change but Basildon is already catering for its own growth and does not want additions from Brentwood. The main purpose of green belt is to prevent urban sprawl but the large urban extension proposed at Dunton Hills, combined with development at West Horndon and an enterprize Park between West Horndon and M25 would take away most of the green belt that is keeping Basildon separated from Upminster which is already joined to London. Just a few hundred metres of green space would be left in a few stretches.
If Brentwood council want to go ahead with what will be the largest development of a single area of green belt ever to be undertaken, then it will need to show solid evidence that the exceptional circumstances are sufficient to warrant it. Basildon Councillors who have worked with Brentwood on the Dunton Garden Suburb proposal has stated that such evidence has not yet been provided . Unlike most councils who plan to release green belt, Brentwood has not even carried out a green belt review to determine which areas of the borough are supporting the purposes of the green belt. It is very hard to see how the planning inspectorate could allow this to go unchallenged.
Notice how they redevelop existing industrial areas for housing at West Horndon as "brownfiled sites in the green belt" and then create or expand new business areas further away on more green belt. This is a common stepping-stone method used to eat into the green belt in stages. It is nothing less than an underhand way of getting round the need for the "very exceptional circumstances" required to justify inappropriate development.
4. Traveller Provision
Uk planning law demands that planning authorities make adequate provision for the traveller and gypsies community. This may not be popular but the planning inspectorate will not let any omission pass them by. Brentwood must put in place a solid plan to meet its need which has been assessed as 59 additional traveller pitches . In the local plan Brentwood increases this to 84 pitches over a longer term. So far Brentwood's only proposal has been to create a traveller site at Dunton Hills Garden Village as part of the 2500 home development in that area. The problem with this is that the maximum manageable number of pitches within a site has been determined as 15 This should be strongly enforced in urban areas where harmony with the settled population is a prime concern but Brentwood is already proposing to exceed this with an initial site of 20 pitches there. Each pitch can have two caravans or chalets and might accomodate more than one family. No other new locations have been announced which suggests that the Dunton Hills traveller site may be expanded later to cater for growing demand in the same way as Basildon is expanding its large traveller sites at Oak Lane and Hoverfields. A site of such size within an urban area built specifically for an ethnic minority would have the characteristics of a ghetto rather than a harmoniously integrated community.
5. Duty to Cooperate
At the end of 2014 Brentwood and Basildon signed a Memorandum of Understanding to hold a joint consultation over a proposed development of 4000-6000 homes across Dunton Hills in Brentwood and Dunton Village in Basildon. The move was imposed on Basildon by Brentwood under the principle of Duty to Cooperate in the Localism Act and has always been fiercely opposed by both councillors and residents of Basildon.
Emails between Basildon and Brentwood released under the Freedom of Information Act show that after the consultation ended, Basildon politely but repeatedly pushed Brentwood to complete work on reviewing the comments and hold a meeting between councillors. The meeting appears to have never taken place and Basildon has stated that insufficient evidence has been presented to continue with the project. The Memorandum of Understanding will expire on 3rd February 2016 without conclusion.
Despite this Brentwood has decided to continue with its half on Dunton Garden Suburb which it has renamed as Dunton Hills Garden Village. Proper adherence to the principle of Duty to Cooperate is an important test of the Local Development Framework that the planning inspectorate will apply. It is difficult to see how they could regard this as a pass.
Councils have a duty to promote biodiversity and protect wildlife habitats in their area. For Dunton Hills they carried out only a very cursory impact assessment. Crucially, this initial survey failed to note the existence of a Local Wildlife Site along the Mardyke tributary through Dunton Hills despite it being listed in Brentwoods own guide to important wildlife sites . The council will certainly need to do much more given the size of the development and its location between the two country parks of Thorndon and Langdon Hills. Needless to say they are planning to go ahead without any such study having been commissioned.
Objectors to the development invited the Essex Wildlife Trust to view the site and made this video showing how wildlife experts were able to find evidence of important wildlife species in the area including a rare barn owl. Conservation Officer Dr Annie Gordon who is a development expert for the trust described the site as an important wildlife corridor whose hedgerows, ditches, ponds and ancient woodlands provide an important area for the movement of wildlife.
7. Public ConsultationThe result of the Dunton Garden Suburb consultation was that 84% of comments were opposed to the development and only 6% were in favour. More significantly there were many valid points of objection raised in the consultation both by residents and by public and private bodies including Essex County Council and neighbouring councils Thurrock, Basildon and Havering. It is likely that other important comments were submitted by organisations such as the NHS, Network Rail, Natural England and many others. We don't know if they were for or against or if they raised important objections because their comments have not yet been published as they should have been long before the next stage of the plan preparation proceeds. All we do have is a brief Statement of Consultation document summarising some of the points raised and a few statistics.
It is bad enough that the council have chosen to ignore an overwhelming opposition to the development. To not publish the full comments and provide individual responses is completely irresponsible. Carrying out public consultations correctly is a fundamental requirement for the preparation of the Local Plan. Update: Under pressure from campaigners Basildon and Brentwood councils have now stated that the valid comments submitted to the Dunton Garden Suburb consultation will be published on the 28th of January 2016. Responses are still outstanding.
Brentwood council will have to do two more public consultations on the Draft Local Plan. Since they have not provided any answers to previous comments submitted to the Dunton Garden Suburb consultation or the related Strategic Growth Options consultation it is inevitable that all the same points will be made again. How the planning inspector will react to the way this has been done depends on whether they get better at it or worse and that remains to be seen.
The Local Development Framework soundness guide also tells us that a Local Plan is required to be flexible. It should be able to respond to changes in circumstances. Putting more than half the housing development in a small area south of the A127 is anything but flexible. Any problem that blocks development in this area will leave Brentwood unable to fulfil a large part of its housing target. There could be issues with flood mitigation because surface water runoff from Dunton Hills will flow into the Mardyke river which is already prone to flooding. There could be problems with transport infrastructure if funding is not found for the necessary road and rail upgrades. There might also be problems if an Environmental study finds important protected habitats in the area.
Running on time in preparing the Local Plan is another necessity for soundness. Because Brentwood are so late to reach this stage they have set a very tight schedule for themselves. This may be one of the reasons why they are proceeding without completing the earlier consultation responses properly, but it is no excuse. The consultation for the Draft of the Local Plan was scheduled to take place in the last quarter of 2015. the date is now set for Feb/Mar 2016 meaning that they are already three months late. Completing the preparation before the government's deadline of early 2017 is probably already impossible.
The Local Plan is being prepared by Brentwood's planning officers under the direction and scrutiny of the borough's councillors. This can only be done effectively if the councillors understand how the plan works. Do they? Watch the webcasts of their council meetings and decide for yourself. Basildon council held a series of five well-attended seminars to train its councillors on the details of their draft plan before they voted to take it to consultation. The lack of a similar program in Brentwood could account for failure of their members to recognise the multiple issues they face. The Dunton Garden Suburb proposal has enjoyed unanimous cross-party support from the Brentwood Council.
The consequences for Brentwood
What will be the consequences of these problems with Brentwood's Local Plan? Nothing is certain. It depends on the sympathies of the individual planning inspector who examines the plan. It also depends on any further changes the government makes to planning policy, and on how well Brentwood can manage their finances. However, some of the things that could happen are very serious.
Brentwood's local plan could be found unsound
Given the above ten reasons why the local plan should be found unsound it is not hard to predict that it will be found unsound, but that is by no means certain. The planning inspectorate may be happy enough to see that Brentwood is committed to building lots of houses and won't care about the consequences. If that does happen it is possible that retribution will only be delayed. If it is however found unsound the deadline will be passed and the government will take over preparation of the plan with much less consideration for local residents. Brentwood may then find itself with a plan involving large scale development both in the South and the North.
Brentwood could go bankrupt
In a motion moved by Cllr Clark for full council on 27th January 2016 the following statement was recorded:
"Government cuts to Brentwood’s grants, together with increases in taxes and other financial pressures identified by the current Administration, mean that this Council will breach its minimum reserves next year and run out of cash in 2017/18 without remedial action, according to the Revised General Fund Position presented to the Policy, Finance and Resources Committee on 15th December 2015."
All local councils are suffering from severe cutbacks in government funding, but how many have managed their finances so badly that a statement like this needs to be made? The New Homes Bonus paid out to local authorities by the government when new homes are built is increasingly becoming an essential source of income rather than an additional bonus. Some people say that it is funding schemes such as this that are driving councils to propose more house building than necessary even if it means traffic jams, pollution, over-run hospitals and destruction of precious green belt.
A new government proposal which is likely to become a reality is that they will withhold all New Homes Bonus payments if a council does not have an approved Local Plan in place. This could be the final straw for Brentwood's finances. Even if the Local Plan is found sound there could be problems due to further delays in preparing the plan or due to obstacles which prevent them from building on Dunton Hills.
The government could take over the Brentwood plan
David Cameron has pledged to take over any planning authorities Local Plan preparations if they are not ready by early 2017. No council looks more in danger of overshooting the deadline than Brentwood. What kind of plan would they put in place? Given the government's desperate house building ambitions, assume the worst.
Developers will be able to build wherever they wish
It sounds unbelievable but the government is introducing legislation that says if a council has not completed its Local Plan then developers will have a strong advantage in appeals for planning applications, even if they intend to build on the green belt. Brentwood would have to accept most planning applications simply because it could not afford to fight appeals that it would stand a high chance of losing.
Infrastructure funding could be cancelled or diverted
Under the present Road Infrastructure Strategy for the next five years Brentwood will benefit from £1.6 billion of investment in the A12. Such funding plans can easily be reviewed. If they won't build enough houses in Brentwood while Basildon plans to increase its housing on a large scale it is a distinct possibility that funding will be cancelled or directed to the A127 instead.
A garden city could be built in North Brentwood
This is the nightmare scenario for Brentwood but could it happen? Garden cities of 150,000 homes or more have often been touted as the solution to Britain's housing crisis. For now the alarms have gone quiet and everyone hopes that other strategies to increase house building numbers will be sufficient. By the middle of 2017 it will become clear how well policies have worked based on traditional Local Plans. If the conclusion is that there are not yet enough houses to be built, the government will have no option other than to start planning garden cities. Areas most likely to succumb will be those around London and close to commuter hubs especially where fewer homes are planned and investment in infrastructure has already started. Does that sound like any place you know?
What should be done?
Brentwood residents need to end their blind trust in their councillors and look at the Draft Local Plan themselves via the consultation portal . If they agree that it is a plan leading them towards disaster they have just six weeks from 11th February to 23rd March to make their views known in submitted comments.
Brentwood could declare its green belt as a constraint to development. This is something that National Planning Policy has allowed for and the government have repeatedly confirmed in public statements. However it might leave Brentwood short of cash from the housing bonus schemes and open to imposed development in areas where infrastructure is strong.
A more sound plan might be one where building on the green belt is spread around existing urban areas, especially the town of Brentwood itself. The borough of Brentwood is lucky in that their objectively assessed housing need only requires them to build 5500 homes and lose 1% of their green belt. Compare this to the borough of Basildon which plans to release 7% of its green belt to meet its need of 15300 homes. The flip-side for Brentwood is that its location and low density of housing will make it a target to fill any housing shortfall that remains outstanding after current policies for new housing have been exhausted. If Brentwood don't take on their fair share of house building now, they may be hit harder later on.
This report has been prepared by RAID (Residents Against Inappropriate Development.) Join our facebook group "Dunton Garden Suburb" to find out more.